Paternity Test Used to Sentence California Child Sex Case Defendant tagged: , , , ,

Paternity Test Used to Sentence California Child Sex Case Defendant

Posted by Paternity Test in Paternity Tests & Legalities

Paternity testing will continue to play a role in various types of court cases, such as the child sex case recently delayed due to the judge wanting to receive Paternity Test results prior to sentencing the defendant. This case in Monterey County, California, is just an example of how paternity testing is becoming more and more significant in the criminal justice system.

Details of the California Child Sex Case

Scott Callan, a 28 year old police youth leader in Salinas, California, confessed to having sex with a minor. This lead to a trial where he eventually plead guilty to lesser charges in exchange for a prison sentence of three years and the benefit of not being required to register as a sex offender. The Salinas Police Department operates a Youth Explorer Program and Callan had been with this organization for nine years prior to this event.

The police acted on an anonymous tip and arrested Callan for having sex with a 15 year old girl from the youth program from December 2009 through late March 2010. The girl had a baby due to this period of sexual activity with Callan. He was charged with five counts of lewd acts on a child, sexual exploitation, possession of child pornography after sexual images were found on his mobile phone, three counts of statutory rape and one count of oral copulation along with a single count of sodomy on a minor younger than 16 years old.

Callan and his attorney agreed to plead to only two counts of statutory rape of a minor over ten years his junior in return for not having to register as a sex offender and for three years in prison.

Paternity Test Required Even After Accused Plead Guilty

Judge Mark Hood deferred sentencing of Callan for three weeks in order for the paternity test results to come in. The prosecutor maintains that the paternity test is not part of the plea agreement, but the judge still held off sentencing. The defense wants the paternity test while the prosecutor and the 15 year old girl think it’s unnecessary. However, it’s possible that, if the paternity test should prove that Callan is not the father of the baby that he might get an even more reduced sentence.

Restitution is the question in this case. Callan, whether he is the biological father of the child or not, still committed the acts he pled guilty for, so really the paternity test is for financial reasons considered necessary by the defense. Callan could be sued for financial aid, such as child support, once the paternity test confirms he is the father. If it proves he isn’t the father, however, he likely won’t be held responsible financially for the child.

Paternity testing, especially since paternity tests are held up by DNA evidence, are increasingly important. Women are more likely to have multiple partners and paternity tests can prove who the biological father is without doubt so that the child can have access to his true father, both emotionally and financially.